


Under Oath

by Isabella2004



Category: Law & Order
Genre: F/M, Love, Pre-Relationship
Language: English
Status: Completed
Published: 2020-12-01
Updated: 2020-12-01
Packaged: 2021-03-10 06:20:59
Rating: Mature
Warnings: Creator Chose Not To Use Archive Warnings
Chapters: 1
Words: 1,624
Publisher: archiveofourown.org
Story URL: https://archiveofourown.org/works/27819667
Author URL: https://archiveofourown.org/users/Isabella2004/pseuds/Isabella2004
Summary: Ben Stone takes the stand in Brooklyn...and someone is watching.
Relationships: Ben Stone/OC





	Under Oath

**Author's Note:**

> This story is based on a scene from the season 3 episode ‘Jurisdiction’ and to fit in with my other stories, is set around a month or so prior to ‘Perceptions.

**March 1993**

"What do you want, Evelyn? Can't you see we're about to restart? Haven't you ever heard of making an appointment at my office?"

"I'm sorry," I said, painfully aware of the fact that the courtroom was filling up around us and that I hadn't exactly chosen the most opportune time to approach him. Eddie had been furious however at the direction that one of his own cases had been going and, against my better judgement, I had allowed him to railroad me into going down to the court to try and speak to Frank Lazar when it had become obvious he wasn't going to return Eddie's calls. "Edward just wants to know your position on the weapons charge for the Hancock case."

"So, he sent you down here to ask me that?" he looked at me as though I was crazy. "Right now?"

"I'm sorry," I said again, aware of how pathetic it sounded running errands for my husband, not to mention how pathetic I felt doing it. "Are you going to drop it down?"

"Why the hell should I? Your client is bang to rights as it is." He glared at me. "Tell Edward he can take a hike."

I was prevented by saying anything more by the door at the far end of the room opening and the judge striding back onto the bench. She didn't look particularly pleased to be there and I knew better than to be caught in the well of a courtroom where I had no business being. Seconds later, the door to the jury room opened and the members filed slowly back in. I had to admit, I was curious about the case and hanging around to see what might happen next was just the excuse I needed not to return to the office and my own workload.

The judge banged her gavel for silence just as I slipped into a vacant chair and turned her attention back to the defence counsel. "Ms Green?"

Shambala Green rose to her feet and I couldn't help but admire the confidence she exuded. I had never met her personally, but I was aware of her reputation for taking a hard line and coming out to bat for her clients, no matter the cost. Her client on this occasion, David Zifrin, was nothing short of pathetic, a man of low intelligence and somewhat of a fantasist. The talk amongst those at the bar was that Frank was on to an easy winner.

"Thank you, your honour. The defence calls Executive Assistant District Attorney Benjamin Stone."

A ripple went around the courtroom and I found myself surprised at the announcement. I hadn't seen Ben Stone since our brief introduction at the bar dinner almost two years earlier when Eddie had been determined to try and start some sort of fight with him. I remembered Stone's cool demeanour and the way he had batted Eddie back without so much as blinking an eye. Though my loyalties had physically lain with my husband that night, Stone had at least won my respect. I remembered sitting in the hotel lobby, watching as Stone and his assistant had left the dinner and how I had taken a long look at myself and wondered what the hell I was doing with my life. Two years on, not much had changed.

I watched as Stone made his way across the floor to the witness stand, took the oath and then settled himself in the seat, looking expectantly at Shambala. The questions started off innocuously enough and then moved on towards the crux of the matter. A Brooklyn inmate, Marty Lake, had provided information to Stone in relation to the murder David Zifrin was now implicated in, information that suggested another person had claimed responsibility.

"According to Mr Lake, this individual told him that he had killed Mary Davis and another individual in Manhattan, and they did it in order to steal the drugs."

"Did Mr Lake identify this individual?"

"No, he wanted his own drugs charges dismissed in exchange for that information. I told him that only the District Attorney in Kings County could do that, and he said that he had already spoken to the Brooklyn police." Stone moved his gaze over to where Frank was consulting with his assistant.

"What, if any, action did you then take in regards to what Mr Lake told you?" Shambala asked.

"I met with Mr Lazar and Detective Torelli and I asked Mr Lazar to arrange a plea bargain with Mr Lake."

"Are you aware of any consequences resulting from this conversation?"

"None. Mr Lake is still in the Brooklyn House of Detention and the individual he spoke of is still unidentified."

"Thank you, Mr Stone," Shambala walked back across the floor. "Your witness."

Frank unfurled himself from his seat, pulled his jacket together and moved towards the witness box. Although I couldn't see his face, I could imagine his expression. That slight smug smile he always wore convinced, as he was, that he was God's gift to the law as well as many other things. He and Eddie actually had a lot in common. Stone looked away briefly and then met his gaze.

"Mr Stone, did there come a time when Mr Zifrin was arrested and charged with a crime in New York County?"

Shambala leapt to her feet. "Objection your honour!"

"Approach." She and Frank moved in close to the judge and a short, whispered conversation took place. I found my eyes drifting to Stone again, wondering what he would be thinking. The irony of objections always was that the witness was the person best placed to hear every word. "The witness will answer the question."

Shambala turned back, her expression thunderous, whilst Frank moved back towards Stone.

"Yes, he was charged."

"Was a statement taken from David Zifrin in connection with this crime?"

"Yes."

"Do you plan to introduce Mr Zifrin's statement at trial?"

"No."

"Is that because the statement was supressed by a Manhattan court?"

"Yes, because of a procedural impropriety by the Brooklyn police department."

The moment the words had left Stone's mouth I knew Frank would object, though I had to give Stone credit for his attempt to head Frank off at the pass.

"Move to strike, unresponsive."

"The jury will disregard the witness's last remark."

"Mr Stone," Frank's tone dipped slightly. "What is the current status of your case against Mr Zifrin?"

"The charges are still pending."

"Isn't it fair to characterise your prosecution of Mr Zifrin as essentially stalled in its tracks due to your inability to make a case?"

"No," Stone replied, a note of irritability creeping into his own tone. "The charges are still pending."

"Mr Stone, was your conversation with Mr Lake part of an effort to jumpstart that case?"

"I renew my objection your honour!" Shambala leapt up again.

"Enough Mr Lazar, move on to something else!"

"Finally, Mr Stone," Frank's tone became contemptuous, "are you really testifying in Mr Zifrin's behalf or are you simply…looking for a scapegoat for your own incompetence?"

"Your honour!"

I held my breath, wondering what Stone's reaction would be. Frank was treading a dangerous line here. It was almost unheard of for one ADA to criticise another, especially not in open court. I could only imagine what Stone was thinking as he looked down momentarily, clearly formulating his answer, before raising his head and meeting Frank's gaze again.

"My motives are irrelevant sir, I'm under oath."

I almost felt like cheering. It clearly wasn't the answer Frank had hoped for judging by his expression when he turned back towards his seat, but as far as I was concerned, it had been the perfect final answer to a series of questions clearly hoping to cast a black mark against a fellow colleague. Stone had made it very clear that, whatever the reason for him being there, he was telling the truth.

Shambala chose not to redirect and I watched as Stone left the stand as gracefully as he had arrived. He slid out the side door without so much as a glance in anyone's direction, Shambala indicated that the defence rested, and the judge announced a ten minutes recess before closing arguments. Against my better judgement, I elected to approach Frank again.

"Didn't you hear me the first time?" he said irritably.

"I just wanted to make sure that you _actually_ wanted me to tell Eddie to 'take a hike,'" I replied.

Frank paused and I knew what he was thinking. He knew Stone had been the victor in their little exchange, no matter what the overall outcome would be and, moreover, he knew that _I_ knew it too. "Tell him I'll call him tomorrow, but no promises."

"Thanks, I appreciate that. Good luck for your closing." Without waiting to see how my remark had been received, I hurried out of the courtroom into the foyer in the direction of the ladies' room. As I did, I saw Stone hovering at the far wall and, moments later, Shambala joined him. Their conversation was quick, ending with wry smiles all round, and then he was gone, heading for the door.

As I sat in the cubicle, I found myself hoping that Eddie would be in a good mood when I got back to the office and that he might consider Frank's response his own small victory. The weapons charge _should_ be downgraded, it made sense given the evidence.

I only wondered if I should wait until after he had spoken to Frank the following day before I told him my own news. Fourth time lucky, or so some might say. Maybe, just maybe, Eddie was ready to be a father now.


End file.
